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03. Ordinance 1595 - Subdivision Regulations - 1st ReadingREPORT TO: FROM: DATE: SUBJECT: MEETING BATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.corn Kalispell Mayor and City Council James H . Patrick, City Manager Thomas R. Jentz, Director November 28, 2006 Kalispell Subdivision. Regulations Text Amendments December 4, 2006 Council Meeting BACKGROUND: The Kalispell City Planning Board met on October 10, 2006, and held a public hearing to consider a request by the City of Kalispell to update the Kalispell Subdivision Regulations in accordance with changes in State law. These changes include clarifying the pre -application procedures for subdivision applications, establishing a formal acceptance policy including a 5 day application adequacy review and a 15 day sufficiency review procedure, revisions to the subdivision review process, public hearing process, adding several definitions and expanding the appeals process. The updated version also provided us the opportunity to remove old references to the Flathead regional Development Office (FRDO) and other state or county references that are no longer applicable. Finally, we are updating the environmental assessment format as well. Note that the Kalispell Subdivision Regulations were last comprehensively reviewed in 1996 and the last amendment was in 2000. The proposed changes were reviewed and discussed at the October 30 Council work session. RECOMMENDATION: Consider proposed amendments to the Kalispell Subdivision Regulations and approve amendments as presented. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, i f Thomas R. ,T tz Director f James I. Patrick City Manager ORDINANCE NO. 1595 AN ORDINANCE AMENDING THE CITY OF KALISPELL SUBDIVISION REGULATIONS CODIFIED AT CHAPTER 28 OF THE KALISPELL MUNICIPAL CODE , DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has submitted a written request to amend the Subdivision Regulations in accordance with changes in State law, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department after having been evaluated under 76-3-504, Montana Code Annotated, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the Subdivision Regulations be amended to incorporate those changes as are highlighted' Exhibit "A", and WHEREAS, the City Council did, on November 20, 2006 set a public hearing to be held on December 49 2006 on said proposed amendment to the Subdivision Regulations of the City of Kalispell, and WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by publication as required by law, and WHEREAS, said public hearing was duly held by the City Council at a public meeting thereof in the Kalispell City Hall beginning at 7.00 o'clock P.M. on December 4, 2006, and all persons appearing at said hearing and expressing a desire to be heard were heard, and all written comments thereon furnished to the City Clerk at said meeting prior thereto were given consideration by the Council, and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KSTA-06-1 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Subdivision Regulations are hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. This Ordinance shall take effect thirty (30) days after its final passage. SECTION III. The City Attorney is hereby authorized and directed to recodify this Ordinance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF DECEMBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 -- 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com October 25, 2006 Names H. Patrick, city Manager City of Kalispell P.D. Box 1997 Kalispell, MT 59903 Re: Kalispell Subdivision Regulations Text Amendments - Address administrative changes proposed by the State Legislature Dear Jim: The Kalispell City Planning Board met on October 10, 2006, and held a public hearing to consider a request by the City of Kalispell to update the Kalispell Subdivision Regulations in accordance with changes in State law. These changes include clarifying the pre -application procedures, establishing a formal acceptance policy including a 5 day application adequacy review and a 15 day sufficiency review procedure, revisions to the subdivision review process, public hearing process and adding to the definitions section and expanding the appeals process. The updated version also provided us the opportunity to remove old references to the Flathead Regional Development office (FRDO) and other state or county references that are no longer applicable. The major changes have been highlighted in the attached draft copy. Note that this set of amendments addresses only administrative procedures and does not address any changes to the actual design standards. Tom. Jentz of the Kalispell Planning Department, presented staff report #KSTA-06-1 reviewing the changes and recommended approval of the slate of amendments. No one wished to speak at the public hearing. The board discussed the proposal and the potential related impacts. A motion was made and passed on a unanimous vote to recommend to the Kalispell city Council that the Kalispell Subdivision Regulations be amended as proposed. Please schedule this matter for the December 4, 2006, regular Kalispell city council meeting. Please note that the council is required to also hold a public hearing on this matter. You may contact this board or Tom. Jentz at the Kalispell Planning Department if you have any questions regarding this matter. Subdivision Regulations Text Amendments October 25, 2006 Rage 2 Sincerely, Kalispell City Planning Board Timothy Norton President TN/SC Attachments: Draft minutes 10 / 10 / 06 pla nr, �r, g board meeting Draft proposal of the Kalispell Subdivision Regulations c w/ Att-. Theresa white, Kalispell City Clerk ----------- Conrad reminded the board that although they are being presented with a site that previously accommodated a day care center and church, they should be considering the effect that the text amendment would have on all of the R-4 zoning districts in the city not Just this neighborhood. Jentz added that the difference with this proposal and a day care as a. permitted use is with a day care the person who operates the business lives there too. with a day care center a conditional use permit is required and the board can evaluate the proposal on a case -by -case basis and the neighbors would have to be notified and a public hearing would be held. Norton stated that he agreed that a conditional use permit is the correct way to go. Schutt said that whenever they come across these new uses into an existing zone he has to ask himself if he would want this type of use next to his house. His answer is, it depends which indicates it should be a conditional use. Hull said the board has allowed day care centers and group homes because people need them and they are scattered all over the city. It seems to him there is also a need for a facility of this type. He understands why it should be in a home -type setting. Albert said he supports an amendment to allow this type of facility in the R-4 zone with the conditional use pernut because that would give the board the opportunity to control the impact to the neighborhood. ROLL CALL I The motion was approved unanimously on a roll call vote. BOARD DISCUSSION Conrad asked for clarification in that the board is making this decision because this type of use gives reasonable consideration to the character of the R-4 district and by requiring a conditional use permit would allover the board to consider the use proposed, hours of operation, number of employees, building layout and design, and traffic on a case - by -case basis. In addition the board felt that the use would not adversely affect the neighborhood. The board agreed with those findings and asked that they be forwarded to city council. KALISPELL SUBDIVISION A request by the City of KalispeU to amend the Kalispell REGTJLATIONS UPDATE Subdivision Regulations to address legislative changes in the subdivision and platting act for review and processing of subdivision applications. In addition, several definitions will be added to the definitions section of the subdivision regulations as well. as revising Appendix B of the regulations with regard to the information needed in an envirornm.en.tal Kalispell City Planning Sward Minutes of the meeting of October lot ?O06 Page 9 of I I assessment. STAFF REPORT - KSTA-06- Tom Jentz, representing the Kalispell Planning Department 01 provided a brief overview of the amendments to the regulations. Jentz noted that 2 years ago the Legislature added some administrative amendments to the subdivision regulations which became effective October 17 2006. The board held a work session in which these changes were reviewed and tonight's public hearing is another part of the process. Jentz said that since the amendments are now state law it does not allover for a lot of fle3dbility. He added in the next 12 months the board will be involved in major amendments to the design standards portion of the regulations. Staff is recommending that the Kalispell City Planning Board adopt staff report KSTA-06-01 as findings of fact and recommend to the city Council that the amendments to the Kalispell. city Subdivision Regulations be approved as set forth in the draft regulations dated June 2 006 . BOARD DISCUSSION General discussion was held. APPLICANT / AGENCIES None. PUBLIC ARING No one wished to speak and the public hearing was closed. MOTION Norton moved and Albert seconded a motion to adopt staff report KSTA-06-01 as findings of fact and recommend to the Kalispell city council that the amendments to the Kalispell City Subdivision Regulations be approved as set forth in the draft regulations dated. June 2006. BOARD DISCUSSION Hull said the requirement that all letters have to go through the subdivision administrator will never happen because people will always go to their council representative. His only suggestion is the administrator could be sure that copies are distributed. Norton suggested that should already be covered under the provision to alloy for additional information to be presented to council after the planning board has reviewed the project. Jentz noted that it seems impossible to enforce but it is state laver. There was discussion about the requirement to past properties that are undergoing subdivision. Jentz noted that it is covered under the portion when and if council decided a subsequent hearing should be held the properties should be posted. The board felt that properties should be posted and it should be up to the developers to do the posting. Jentz agEeed that staff would come up with a plan to ensure the Kalispell City Punning Board Minutes of the meeting of October 10, 2006 Wage 10 of I 1 TEXT AMEND NT TO THE KALISPELL SUBDIVISION REGULATIONS STAFF REPORT #KSTA-06-1 NOVE1dBER 39 200E A report to the Kalispell City Council regarding a request for a text amendment to the Kalispell Subdivision Regulations. A public hearing has been scheduled before the Kalispell City Council for final action. for December 4, 2006 starting at 7:00 PM i.n the Kalispell City Council Chambers. BACKGROUND INFORBATION This request is designed to amend several sections of the Kalispell Subdivision Regulations that would address administrative processes in reviewing subdivision applications including adding a required pre -application process, application acceptance criteria, additional definitions and a revised Environmental Assessment form. This proposal is the result of a series of legislative acts, primarily SB-116 passed by the 2005 legislature which became effective on April 5, 2005 with an administrative effective date of October 1, 2006. The Kalispell City Planning Board held a public hearing on these amendments on October 10, 2006 and recommended the amendments be approved as proposed. A. Petitioner: The City of Kalispell P.O. Box 1997 Kalispell MT 59903 (406) 758-7701 B. Area Effected by the Proposed Changes: The subdivision jurisdictional area for the City of Kalispell which is basically the city limits. C. Proposed Arnen ents.0 These changes include clarifying the pre- application procedures, establishing a formal acceptance policy including a 5 day application adequacy review and a 15 day sufficiency review procedure, revisions to the subdivision review process, public hearing process, adding to the definitions section, expanding the appeals process and updating the environmental assessment form as provided for in the State Model. The updated version also provided us the opportunity to remove old references to the Flathead Regional Development Office (FRDO) and other state or county references that are no longer applicable. Note that this set of amendments addresses only administrative procedures and does not address any changes to the actual design standards. D. Staff Discussion: SB--116 makes numerous changes to the Subdivision and Platting Act and was part of a legislative attempt to overhaul the administrative sections of the state Subdivision and Platting Act. -i It requires local governments to hold pre -- application meetings; provides a definition for minor subdivisions; requires regulations to establish criteria for evasion of the Subdivision and Platting Act; establishes a ►►completeness review" process for applications; and provides for a procedure for multiple hearings. It was passed on 4 / 19 / 05 with an implementation date of October 11 2006. In addition to the changes required by SB-116, staff recommended an updated format for the environmental assessment format as well. 1 EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in subdivision regulations is set forth by 7 6 -- 3 - 504, M.C.A. (Minimum requirements for subdivision regulations) . Findings of Fact for the text change request are discussed below: 1. Re wire the subdivider to submit to the governigg body an environmental assessment as prescribed in 76-3-603. The proposed amendments provide an updated format for the environmental assessment form as provided for in the State Model Subdivision regulations revised in the summer of 2006. These model subdivision regulations were developed as a collaborative effort of representatives of the following organizations: Joint Powers Insurance Authority of the Montana Association of Counties; Montana Association of Planners; University of Montana School of Law, Land Use Clinic; Montana Smart Growth Coalition; and the Montana Association of Realtors. The model subdivision regulations are updated on a regular basis typically after each legislative session in order to incorporate the latest legislative changes. The purpose of the update is to provide a more specific framework for providing information to the city should an environmental assessment be required for a specific project. 2. Establish procedures consistent with this chapter for the submission and review of subdivision fats. The proposed amendments are consistent with SB-11 6 which specifically requires local governments to hold pre -application meetings; provide a definition for minor subdivisions; require regulations to establish criteria for evasion of the Subdivision and Platting Act; establishes a "completeness review" process for applications; and provides for a procedure for multiple hearings. 3. Prescribe the form and contents of preuminary plats and the documents to accompany final plats. SB-11 6 sets standards for completeness of an application. These criteria are being adopted as required. 4. Provide for the identification of areas that because of natural or human - caused hazards are unsuitable for subdivision develo went and Rrohibit subdivisions in these areas unless the hazards can be eliminated or overcome by aRRroved construction techniques. The proposed text amendment will not affect this review criterion. S. Prohibit subdivision for buildigg puM2ses in areas located within the tloodwa of a flood of 100- ear -frequency as defined by Title 76cha ter 5 or determined to be sub ect to floodi b the overnin bo The proposed amendments will not affect this review criterion. 5. Prescribe standards for: a The design and arran ement of lots streets and roads• b Gradin and drains e c Sub ect to the rovision of 7F-3-511 water su 1 and sews a and solid waste disRpsal that at a minimum meet the regulations ado ted by the de artment of environmental quality under 75-4-14+ d) The location and installation of utilities. The proposed amendments will not affect these review criteria. 7. Provide procedures for the administration of the park and o n-s ace requirements of this chapter. The parks and open -space provisions of the regulations will not be affected by the proposed amendments. 8. Provide for the review of-RreUminply Rlats by affected PubUc utilities and those Mencies of local state and federal government hg3 jM a substantial Interest in a RroR2sed subdivision. A utility or yZency review may not dela the overni.n body's action on the Riat beyand the time limits s cified in this cha ter and the failure of an Lagency to com lete a review of a Rlat may not be a basis for rJection of the Rlat by the governing bod . By setting standards of completeness for preliminary plats, the opportunity for outside agencies and their ability to review and comment on them will be enhanced. R,ECOBUN ENDATION Staff recommends that the Kalispell City Council adopt report #KSTA-06-1 as findings of fact and recommend the Kalispell Subdivision Regulations be amended to incorporate those changes as are highlighted in the attached subdivision regulations entitled Draft - June 2006. K City of Kalispell Planning Department 17 - 2d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com MEMORANDUM To: Jim Patrick, City Manager From: Tom Jentz, Planning Director Date: October 31, 2006 Subject: Draft Model Environmental Assessment Form Per Councilor Bob Hafferman's request I have attached our current Environmental Assessment (EA) form along with the proposed updated version of the Environmental Assessment form that was presented to the council last night (for those of you who could read it). This updated EA form carve from the State Model Subdivision Regulations. The State Model Subdivision Regulations are a suggested set of regulations that complies with the current State laws and is standardized to some degree so that jurisdictions across the State have some consistency in their processes and procedures. Therefore the model itself is updated on a fairly regular basis as legislative changes are adopted. The current model was updated this summer by a joint task force representing the following organizations as quoted in the text of the model document: These Model Subdivision Regulations mere developed as a collaborative effort of representatives of the following organizations. - Joint Powers Insurance Authority of the Montana Association of Counties Montana Association of Planners University of Montana School of Law, Land Use Clinic Montana Smart growth Coalition Montana Association of Realtors Our current Environmental Assessment process was being used by most cities and counties in Montana From the early 1980's and forward when it was introduced as part of a model set of regulations that dated from that time and era. It was likewise used by Flathead County and the three cities of Kalispell, whitefish and Columbia Falls. Environmental Assessment update October 31, 2006 Page 2 We in the Kalispell Planning Office choose to go with the updated model suggested EA form because it is more thorough in asking for the kinds of information we may need to review a project and its impacts. Note, that we typically only require an applicant to complete an Environmental Assessment or portions of it if there are unusual circumstances associated with the project. Typically only 1 out of 10 projects complete an EA. As a professionally staffed city, we already have much of the information requested in the EA form, at our disposal and waive the requirement. I have since contacted Flathead County Planning Director Jeff Harris to see what the county is doing. He said the county is also in the process of updating their subdivision regulations. He stated he had the old EA form, the same as Kalispell and likewise they found it to be too vague and general in nature. He said the county was in the final stages of moving ahead to adopt the model recommended Environmental Assessment form and that they were adding additional criteria where they felt the model did not go far enough. It is the planning staff' s recommendation that the cities and the county having the same requirements for development will create a more unified development process throughout the valley and at the same time serve the development community by standardizing requirements. We are leading that process at this time. If you have any questions, please feel free to contact this office. Attachments: Current Environmental Assessment Form Appendix B from the 1996 Kalispell Subdivision Regulations. New proposed Environmental Assessment foam from the 2006 state model stamped "DRAFT" LETTERS/2006/EA COUNICL MEMO 10-31 Appendix - Page A-S GENMRAL INSTRUC.MONS This Environmental Assessment format shall be used by the applicant as a guide in compiling a thorough description of the potential impacts for the proposed subdivision. Each question pertinent to the proposal must be addressed in full (both maps and text); those questions not applicable shall be so stated. Incomplete Environmental Assessments will not be accepted. The sources of information for each section of the Assessment shall be identified. All Environmental Assessments shall contain the signature, date of signature and mailing address of the owner of the property and the person, or persons, preparing the report. 1, GEOLOGY: A. Locate on a copy of the preliminary plat: 1. Any known hazards affecting the development which could result in property damage or personal injury due to: a. Falls, slides or slumps - soil, rock, mud, snow. b. Any rock outcropping. B. Describe any proposed measures to prevent or reduce the danger of property damage or personal injury from any of these hazards. II. SURFACE WATER: Locate on a copy of the preliminary plat: A. Any natural water systems such ass , rivers, intermittent s , lakes or marshes (also indicate the names and sizes of each). B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs and irrigation systems (also indicate the names, sizes and present uses of each). C. Any areas subject to flood hazard, or if available, loo-year floodplain maps (using best available information). Page A-d - Appendix III. VBGETATTON A. Locate on a copy of the preliminary plat the major vegetation types within the subdivision (e.g., marsh, grassland, shrub and forest). B. Describe the amount of vegetation that is to be removed, or cleaned, from the site, and state the reasons for such removal. C. Describe any proposed measures to be taken to protect vegetative cover. A. what major species of fish and wildlife, if any, use the area to be affected by the proposed subdivision? B. Locate on a copy of the preliminary plat any known important wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare and endangered species and wetlands. C. Describe any proposed measures to protect wildlife habitat or to habitat degradation. V. AGRICULTURE AND TB4BER PRODi C71ON: A. State the acreage, type and agricultural classifications of sails on the site. B. State the history of production of this site by crap type and yield. C. State the historical current agricultural uses which occur adjacent to the site. D . Explain any steps which will be taken to avoid or limit development conflicts with adjacent agricultural uses. E. If the site is timbered, state any timber management recommendations which may have been suggested or implemented by the U.S.D.A. Division of Forestry in the area of this proposal. A. Locate on a copy of the preliminary plat any known or passible historic, archaeological or cultured sites which exist on or near the site. B. Describe any known or passible sites delineated on the preliminary plat. C. Describe any measures that will be taken to protect such sites or properties. VIt. SEWAGE . Appendix -- page A-7 A. where individual sewage treatment systems are proposed for each parcel: 1. Indicate the distance to the nearest public or community sewage treatment system. 2. Provide as attachments: a. Two (2) copies of the plat which show the proposed suitable location on each lot for a subsurface treatment system and a 100 % replacement area for the subsurface treatment system. Show the location of neighboring wells and subsurface treatment systems and the distances to each. b. The results of percolation tests performed in representative areas for dminfields in accordance with the most recent DEQ Bulletin. Each percolation test shall be keyed by a number on a copy of the plat with the information and results provided in the report. The number of prel4Minam percolation tests required shall be one-fourth (1/4) of the total number of proposed lots and these tests shall be performed in the different soil types, or evenly spaced throughout the subdivision in the absence of soil variability. C. A detailed soils description for the area shall be obtained from test holes at least seven (7) feet in depth. The number of test holes will depend upon the variability of the soils. The U.S. Department of Agriculture's "Soils Classification System" shall be used in the descriptions. Information on the internal and surface drainage characteristics shall be included. Each test hole shall be keyed by a number on a copy of the plat with the information provided for in the report. d. A description of the following physical conditions: (1) Depth to groundwater at time of year when water table is nearest the surface and how this information was o . (2) Mud' mum depth to bedrock or other impervious material, and how this information was obtained. B. For a proposed public or community sewage treatment system: 1. Estimate the average number of gallons of sewage generated per day by the subdivision when fully developed. 2. Where an existing system is to be used: a. Identify the system and the person, firm, or agency responsible for its operation and maintenance. b. Indicate the system's capacity to handle additional use and its distance from Page A-8 - Appendix the development. 0 C. Provide evidence that permission to connect has been granted. 3. Where a new system is proposed: a. Attach a copy of the plat showing the location of all collection lines and the location and identification of the basic components of the treatment system. b. If subsurface treatment of the effluent is proposed, give the results of the preliminary analysis and percolation tests in the area of the treatment site. C. Provide a description of the following physical. conditions: (1) Depth to groundwater at time of year when water table is nearest the surface and how this information was obtained. (2) Minimum depth to bedrock or other impervOk ious material, and how this information was obtained. d. Indicate who will bear the costs of installation and who will awn, operate and maintain the system. Also, indicate the anticipated date of completion. vIII. WATER SUPPLY: A. where an individual water supply system is proposed for each parcel: 1. If individually drilled wells are to be used, provide evidence as to adequate quantity and quality of the water supply. 2. If any other method of individual water supply is to be used: a. Explain why the alternate form of water supply is proposed instead of drilled wells. b. Identify the source of water supply and provide evidence that it is of sufficient quantity and quality to serve the development. 3. Attach two (2) copies of the plat showing the proposed ration of each spring, well, cistern, or other water source and indicate the distance to existing or proposed sewage treatment systems. A. where a public or community water system is proposed: 1. Estimate the number of gallons per day required by the development (including irrigation, if applicable). Appendix - Page A-9 2. where an existing system is to be used: a. Identify the system and the person, firm or agency responsible for its operation and maintenance. b. Indicate the system's capacity to handle additional use and its distance from the development. c . Provide evidence that permission to connect has been ate. 3. where a new system is to be used: a. Provide evidence that the water supply is adequate in quantity, quality and dependability. b. Indicate who will bear the costs of installation, when it will be completed and who willl own, operate and maintain the system. C. Attach a copy of the plat showing the proposed location of the water source and all distribution lines. Imo. SOLID WASTE: A. Describe the proposed method of collecting and disposing of solid waste from the development. B. If central collection areas are proposed within the subdivision, show their location on a copy of the preliminary plat. C. If use of an existing collection system or disposal facility is proposed, indicate the name and location of the facility. DRAINAGE: A. Streets and Roads: 1. Describe any proposed measures for disposing of storm rein -off from streets and roads. 2. Indicate the type of road surface proposed. 3. Describe any proposed facilities for stream or drainage crossing (i.e., culverts, bridges) . B. Other areas: Page A-10 - Appendix 1. Describe how surface run-off will be &ained or channeled from lots or common areas. 2. Indicate if storm run-off will be drained or channeled from lots or common areas. 3. Describe any proposed sedimentation and erosion controls to be utilized both during, and after, construction. 4. Attach a copy of the plat showing how drainage on lots, road and other areas will be handled (include sizes and dimensions of ditches, culverts, etc.) M. ROADS: A. Estimate how much daily traffic the development, when fully developed, will generate on existing or proposed roads providing access to the development. 1. Discuss the capability of existing and proposed roads to safely accommodate this increased traffic (e.g., conditions of the road, surface and right-of-way widths, current traffic flows, etc . ) . 2. Describe any increased maintenance problems and costs that will be caused by this increase in volume. B. Indicate who will pay the cost of installing and maintaining dedicated and/or private roadway. C. Describe the soil characteristics, on site, as they relate to road and building construction and measures to be taken to control erosion of ditches, banks and cuts as a result of proposed construction. D. Explain why access was not provided by means of a road within the subdivision if access to any of the individual lots is directly from City, County, State or Federal roads or highways. E. Is year-round access by conventional automobile over legal rights -of -way available to the subdivision and to all lots and common facilities within the subdivision? F . Identify the owners of any private property over which access to the subdivision will be provided.. ail Vj tV P T CWU - A. Describe the emergency services available to the residents of the proposed subdivision including the number of personnel and number of vehicles and/or type of facilities for: 1. Fire Protection: Appendix - Page A- 1 I a. Is the proposed subdivision in an urban or rural fire district? If not, will one be formed or extended? b. In absence of a fire district, what fire protection procedures are planned? C. Indicate the type, size and location of any proposed recharge facilities. d. If fire hydrants are proposed, indicate water pressure capabilities and the locations of hydrants. 2. Police Protection. 3. Ambulance Service. 4. Medical Services. B. Can the reeds of the proposed subdivision for each of the above services be met by present personnel and facilities? 1. If not, what additional expense would be necessary to make these services adequate? 2. At whose expense would the necessary improvements be made? A. Describe the education facilities which would serve the subdivision (school facilities, school personnel, bus routes and capabilities, etc.) . B. Estimate the number of school children that will be added by the proposed subdivision, and how they will affect existing facilities. XN. ECONOWC • e A. Provide the present assessment classifications and range of the total assessed valuation of all land and structures. B. Provide the anticipated assessment classification and range of the total assessed valuation of all structures (at 25 % and 90 % occupancy - also give estimated year of said occupancy). C. Provide anticipated revenue increases, per unit, from water, sewer and solid waste fees. xv. LAND USE: A. Describe the existing historical use of the site. Page A- Z 2 - Appendix B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? If located near an *incorporated city or town, is annexation proposed? C. Describe the present uses of lands adjacent to or near the proposed development. Describe how the subdivision will affect access to any adjoining land and/or what measures are proposed to provide access. D. Describe the basis of the need for the subdivision. How much development of a similar nature is, or is not, available in the area? E. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage lines, gas lines, agricultural and farm activities, etc.) Any such conditions should be accurately described and their orign and location identified. F. Describe any on -site uses creating a nuisance (unpleasant odor, unusual noises, dust, smoke, etc.). Any such conditions should be accurately described and their origin and location identified. Xvl. PARKS AND RECREAnON FA • . A. Describe park and recreation facilities to be provided within the proposed subdivision and other recreational facilities which will serve the subdivision. B. List other parks and recreation facilities or sites in the area and their approximate distance from the site. C. If cash -in -lieu. of parkland is proposed, state the purchase price per acre or current market value (values stated must be no more than 12 months old) . A. Indicate the utility companies involved in providing electrical power, natural gas, or telephone service. To what extent will these utilities be placed underground? B. Has the prel 4ninary plat been submitted to affected utilities for review? C. Estimate the completion date of each utility installation. Environmental Assessment Appendix B - Page 1 APPENDEK B ENVIRONMENTAL ASSESSMENT GENERAL I NSTRUCTI GNS This Environmental Assessment format shall be used by the applicant as a guide in compiling a thorough description of the potential impacts for the proposed subdivision. Each question pertinent to the proposal must be addressed in full (both maps and text); those questions not applicable shall be so stated. Incomplete Environmental Assessments will not be accepted. The sources of information for each section of the Assessment shall be identified. All Environmental Assessments shall contain the signature, date of signature and mailing address of the owner of the property and the person, or persons, preparing the report. PART I - PROPERTY DESC RIPTIO N 1. Surface Water Locate on a plat overlay or sketch map: a. Any natural water systems such as streams, rivers, intermittent streams, lakes or marshes (also indicate the names and sizes of each) . b. Any artificial water systems such as canals, ditches, aqueducts, reservoirs, and irrigation systems (also indicate the names, sizes and present uses of each) . C. Time when water is present (seasonally or all year) . d. Any areas subject to flood hazard, or in delineated 100 year floodpla..in. e. Describe any existing or proposed stream bank alteration from any proposed construction or modification of lake beds or stream channels. Provide information on location, extent, type and purpose of alteration, and permits applied for. 2. Groundwater Using available data, provide the following infoi-nation a. The minimum depth to water table and identify dates when depths were determined. What is the location and depth of all aquifers which may be affected by the proposed subdivision? Describe the location of known aquifer recharge areas which may be affected. b. Describe any steps necessary to avoid depletion or degradation of groundwater recharge areas. 3. Topography, Geology and Soils a.. Provide a map of the topography of the area to be subdivided, and an evaluation of suitability for the proposed land uses. On the map identify Environmental Assessment Appendix B -- Page 2 any areas with highly erodible soils or slopes in excess of 15% grade. Identify the lots or areas affected. Address conditions such as: 1 Shallow bedrock ii Unstable slopes 111 Unstable or expansive soils iv Excessive slope b. Locate on an overlay or sketch map: i Any known hazards affecting the development which could result in property damage or personal injury due to: A. Falls, slides or slumps -- soil, rock, mud, snow. B. Rock outcroppings C . Seismic activity. D . High water table C. Describe measures proposed to prevent or reduce these dangers. d. Describe the location and amount of any cut or fill more than three feet in depth. Indicate these cuts or fills on a plat overlay or sketch map. where cuts or fills are necessary, describe plans to prevent erosion and to promote vegetation such as replacement of topsoil and grading. 4. Vegetation a. on a plat overlay or sketch map: (i) Indicate the distribution of the major vegetation types, such as marsh, grassland, shrub, coniferous forest, deciduous forest, mixed forest. (ii) Identify the location of critical plant communities such as: A. Stream bank or shoreline vegetation B. Vegetation on steep, unstable slopes C. Vegetation on soils highly susceptible to wind or water erosion D. Type and extent of noxious weeds b. Describe measures to: (i) Preserve trees and other natural vegetation. (e.g. locating roads and lot boundaries, planning construction to avoid damaging tree coven . (ii) Protect critical plant communities (e.g. keeping structural development away from these areas) , setting areas aside for open space . (iii) Prevent and control grass, brush or forest fires (e.g. green strips, water supply, access.) (iv) Control and prevent growth of noxious weeds EnvifonmenW Assessment Appendix B w Page 3 5. Wildlife a. Identify species of fish and wildlife use the area affected by the proposed subdivision. b. on a copy of the preliminary plat or overlay, identify known critical wildlife areas, such as big game winter range, calving ok areas and migration routes; ripari andan habitat and waterfowl nesting areas; habitat for rare or endangered species and wetlands. C. Describe proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g. keeping buildings and roads back from shorelines; setting aside wetlands as undeveloped open space) . 6. Land Use a. Describe the existing historical use of the site. b. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? If located near an incorporated city or town, is annexation proposed? c . Describe the present uses of lands adjacent to or near the proposed development. Describe how the subdivision will affect access to any adjoining land and/or what measures are proposed to provide access. d. Describe the basis of the need for the subdivision. How much development of a similar nature is, or is not, available in the area? e. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage lines, gas lines, agricultural and farm activities, etc.) Any such conditions should be accurately described and their origin and location identified. f. Describe any on --site uses creating a nuisance (unpleasant odor, unusual noises, dust, smoke, etc.) . Any such conditions should be accurately described and their origin and location identified. PART II - SUMMARY OF PROBABLE IMPACTS Summarize the effects of the proposed subdivision on each topic below. Provide responses to the following questions and provide reference materials as required: 1. Effects on Agriculture a. Is the proposed subdivision or associated improvements located on or near prime farmland or farmland of statewide importance as defined by the Natural Resource conservation Environmental Assessment Appendix. B w Page 4 1PV 0 �kx, F T JAC Service? If so, identify each area on a copy of the preliminary plat. b. Describe whether the subdivision would remove from production any agricultural or timber land. C. Describe possible conflicts with nearby agricultural operations (e.g., residential development creating problems for moving livestock, operating farm machinery, maintaining water supplies, controlling weeds or applying pesticides; agricultural operations suffering from vandalism, uncontrolled pets or damaged fences). d. Describe possible nuisance problems which may arise from locating a subdivision near agricultural or timber lands. e. Describe effects the subdivision would have on the value of nearby agricultural lands. 2. Effects on Agricultural Water User Facilities a. Describe conflicts the subdivision would create with agricultural water user facilities (e.g. residential development creating problems for operating and maintaining irrigation systems) and whether agricultural water user facilities would be more subject to vandalism or damage because of the subdivision. b. Describe possible nuisance problems which the subdivision would generate with regard to agricultural water user facilities (e.g. safety hazards to residents or water problems from irrigation ditches, head gates, siphons, sprinkler systems, or other agricultural crater user facilities). 3. Effects on Local Services a. Indicate the proposed use and number of lots or spaces in each: Residential., single family Residential, multiple family Types of multiple family structures and number of each (e.g. duplex, 4-plex) Planned unit development (No. of units) Condominium (No. of units) Mobile Home Parr Recreational Vehicle Park Commercial or Industrial Other (Please describe) b. Describe the additional or expanded public services and facilities that would be demanded of local government or special districts to serve the subdivision. i. Describe additional casts which would result for services such as roads, bridges, law enforcement, Environmental Assessment Appendix B - Page 5 T)v, FT parks and recreation, fire protection, water, seiner and solid waste systems, schools or busing, (including additional personnel, construction, and maintenance costs). 11. who would bear these costs (e.g. all taxpayers within the jurisdiction, people within special taxing districts, or users of a service)? iii. Can the service providers meet the additional costs given legal or other constraints (e.g. statutory ceilings on mill levies or banded indebtedness)? iv. Describe off -site costs or costs to other jurisdictions may be incurred (e.g. development of water sources or construction of a sewage treatment plant; costs borne by a nearby municipality) . C. Describe how the subdivision allows existing services, through expanded use, to operate more efficiently, or makes the installation or improvement of services feasible e.g. allow installation of a central water system, or upgrading a country road) . d. what are the present tax revenues received from the unsubdivided land? i. By the County $ ii. By the municipality if applicable iii. By the school(s) $ e. Provide the approximate revenues received by each above taxing authority if the lots are reclassified, and when the lots are all improved and built upon. Describe any other taxes that would be paid by the subdivision and into what funds. f. Would new taxes generated from the subdivision cover additional public costs? g. How many special improvement districts would be created which would obligate local government fiscally or administratively? Are any boding plans proposed which would affect the local government's banded indebtedness? 4. Effects on the Historic or Natural Environment a. Describe and locate on a plat overlay or sketch map known or passible historic, paleontological, archaeological or cultural sites, structures, or objects which may be affected by the proposed subdivision. b. How would the subdivision affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land? Describe plans to protect these sites. i Would any stream banks or lake shorelines be altered, streams rechanneled or any surface water Environmental Assessment Appendix B - Page 6 DR.A.,-FT contaminated from sewage treatment systems, run-off carrying sedimentation, or concentration of pesticides or fertilizers? ii Would groundwater supplies likely be contaminated or depleted as a result of the subdivision? iii Would construction of roads or building sites require cuts and fills on steep slopes or cause erosion on unstable, erodible soils? Would soils be contaminated by sewage treatment systems? iv Describe the impacts that removal of vegetation would have on soil erosion, bank, or shoreline instability. v Would the value of significant historical, visual, or open space features be reduced or eliminated? vi Describe possible natural hazards the subdivision be could be subject to (e.g., natural hazards such as flooding, rock, snow or land slides, high Winds, severe wildfires, or difficulties such as shallow bedrock, high water table, unstable or expansive soils, or excessive slopes) . C. How would the subdivision affect visual features within the subdivision or on adjacent land? Describe efforts to visually blend the proposed development with the existing environment (e.g. use of appropriate building materials, colors, road design, underground utilities, and revegetation of earthworks) . S. Effects on Wildlife and Wildlife Habitat a. Describe what impacts the subdivision or associated improvements would have on wildlife areas such as big game wintering range, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species. b. Describe the effect that pots or human activity would have on wildlife. 6. Effects on. the Public Health and Safety a. Describe any health or safety hazards on or near the subdivision, such as: natural hazards, lack of water, drainage problems, heavy traffic, dilapidated structures, high pressure gas lines, high voltage power lines, or irrigation ditches. These conditions, proposed or existing should be accurately described with their origin and location identified on a copy of the preliminary plat. b. Describe how the subdivision would be subject to hazardous conditions due to high voltage lines, airports, highways, railroads, dilapidated structures, high pressure gas lines, irrigation ditches, and adjacent industrial or mining uses. Environmental Assessment Appendix B -Page 7 T)R..AFT C. Describe land uses adjacent to the subdivision and how the subdivision will affect the adjacent land uses. Identify existing uses such as feed lots, processing plants, airports or industrial firms which could be subject to lawsuits or complaints from residents of the subdivision. d. Describe public health or safety hazards, such as dangerous traffic, fire conditions, or contamination of water supplies which would be created by the subdivision. PART III - COMMUNITY IMPACT REPORT Provide a community impact report containing a statement of estimated number of people coming into the area as a result of the subdivision, anticipated needs of the proposed subdivision for public facilities and services, the increased capital and operating cost to each affected unit of local government. Provide responses to each of the following questions and provide reference materials as required. 1. Education and Busing a. Describe the available educational facilities which would serve this subdivision. b. Estimate the number of school children that will be added by the proposed subdivision. Provide a statement from the administrator of the affected school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system.. If not, estimate the increased expenditures that 'would be necessary to do so. 2. Roads and Maintenance a. Estimate how much daily traffic the subdivision, when fully occupied, will generate on existing streets and arterials. b. Describe the capability of existing and proposed roads to safely accommodate this increased traffic. C. Describe increased maintenance problems and increased cost due to this increase in volume. d. Describe proposed new public or private access roads including: i. Measures for disposing of storm run-off from streets and roads. ii. Type of road surface and provisions to be made for dust. iii. Facilities for streams or drainage crossing (e.g. culverts, bridges). iv. seeding of disturbed areas. Environmental Assessment Appendix B -- Page 8 e. Describe the closing or modification of any existing roads. f. Explain why road access was not provided within the subdivision, if access to any individual lot is directly from arterial streets or roads. g. Is year --round access by conventional automobile over legal rights -of -way available to the subdivision and to all lots and common facilities within the subdivision? Identify the owners of any private property over which access to the subdivision will be provided. h. Estimate the cost and completion date of the system, and indicate who will pay the cost of installation, maintenance and snow removal. 3. Water, Sewage, and Solid waste Facilities a. Briefly describe the grater supply and sewage treatment systems to be used in serving the proposed subdivision (e.g. methods, capacities, locations) . b. Provide information on estimated cost of the system, who will bear the costs, and how the system will be financed. C. where hook-up to an existing system is proposed, describe estimated impacts on the existing system, and show evidence that permission has been granted to hook up to the existing system. d. All water supply and sewage treatment plans and specifications will be reviewed and approved by the Department of Environmental Quality (DEQ) and should be submitted using the appropriate DEQ application form.. e. Describe the proposed method of collecting and disposing of solid waste from the development. f. If use of an existing collection system or disposal facility is proposed indicate the name and location of the facility. 4. Fire and Police Protection a. Describe the fire and police protection services available to the residents of the proposed subdivision including number of personnel and number of vehicles or type of facilities for: i Fire protection -- is the proposed subdivision in an existing fire district? If not, will one be formed or extended? Describe what fire protection procedures are planned? ii Law --Enforcement protection - which of --is the proposed subdivision within the jurisdiction of a County Sheriff or municipal policy department b. Can the fire and police protection service needs of the proposed subdivision be met by present personnel and facilities? If not, describe the additional expenses that would Environmental Assessment Appendix B - Page 9 Y " be necessary to make these services adequate, and who would pay the costs? 5. Parks and Recreation facilities: a. Describe park and recreation facilities to be provided within the proposed subdivision and other recreational facilities which will serve the subdivision. b. List other parks and recreation facilities or sites in the area and their approximate distance from the site. C. If cash -in -Lieu of parkland is proposed, state the purchase price per acre or current market value (values stated must be no more than 12 months old) . 6. Payment for extension of Capital Facilities Indicate how the subdivider will pay for the cost of extending capital facilities resulting from expected impacts directly attributable to the subdivision.